Clear Creek Storage Company, LLC

Original Volume No. 1

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Effective Date: 08/01/2000, Docket: RP00-364-000, Status: Effective

Original Sheet No. 102 Original Sheet No. 102 : Effective

 

2. No waiver by any party of any one or more defaults

by the other in the performance of any provisions of this

Agreement shall waive or be construed as a waiver of any

other default or defaults, whether of a like or different

character.

 

3. Clear Creek and Customer shall proceed with due

diligence to obtain any governmental and other regulatory

authorizations as may be required for the rendition of the

services contemplated herein; provided that Clear Creek

reserves the right to file and procure applications for such

authorizations, any supplements or amendments thereto and,

if necessary, any court review, in such manner as it deems

to be in its best interest, including the right to withdraw

the application or to file pleadings and motions (including

motions for dismissal).

 

4. This Agreement, and the respective obligations of

the parties hereunder are subject to all present and future

valid laws, orders, rules and regulations of constituted

authorities having jurisdiction over the parties, their

purchases of gas supply, this Agreement or any provision

hereof. Neither party shall be held in default for failure

to perform hereunder if such failure is due to compliance

with levy, orders, rules or regulations of any such duly

constituted authorities.

 

5. If any provision of this Agreement is declared null

and void, or voidable, by a court of competent jurisdiction,

then that provision will be considered voidable at either

party's option; and if the severability option is exercised,

the remaining provisions of the Agreement shall remain in

full force and effect.

 

6. The subject headings of the articles of this

Agreement are included for the purpose of reference and are

not intended to be a part of the Agreement nor considered in

any interpretation of the same.

 

ARTICLE XI - PRIOR AGREEMENTS CANCELED

 

Clear Creek and Customer agree that this Agreement, as

of the date hereof, shall supersede and cancel the following

Agreement(s) between the parties hereto:

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